Meeting of the Oakland City Council

Tuesday, March 20, 2007 · 6:00 PM AM · Oakland City Hall, 3rd Floor

TL;DR

The Oakland City Council held a routine meeting with several resolutions and administrative actions. Key highlights included declaring a local health emergency related to AIDS and medical cannabis, approving city infrastructure projects, and supporting state legislative bills.

Key Decisions

Renewal of Local AIDS Health Emergency Passed
Medical Cannabis Health Emergency Declaration Passed
Federal Funds for Bridge Seismic Retrofit Passed
City Property Purchase in Beaconsfield Canyon Passed
Opposition to CalWorks Cash Assistance Cuts Passed

Agenda

Pledge of Allegiance
Roll Call / ORA & Council
Open Forum / Citizens Comments (Time Available: 15 minutes)
Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an item from the Consent Calendar, shall be scheduled for the next-succeeding City Council meeting as a non-consent item.
Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a non-consent item. (Motion Maker must have voted on prevailing side)
Requests from Councilmember(s) to schedule an Action Item considered by Committee but not forwarded to Council, shall be scheduled for the next-succeeding City Council meeting as a non-consent item.
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment Agency/City Council held on March 6, 2007
8. PRESENTATION OF CEREMONIAL MATTERS
8.1 Subject: Reproductive Freedom Day - March 21, 2007 From: Councilmember Nadel Recommendation: Adopt A Resolution Declaring March 21, 2007, 'Reproductive Freedom Day' In The City of Oakland
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Nadel, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote:
8.2 Subject: Stopwaste.Org From: Councilmember Jean Quan Recommendation: Adopt A Resolution Welcoming To Oakland Stopwaste.Org, A Joint Powers Agency That Provides Strategic Planning, Research And Technical Assistance To The Public, Local Governments And Businesses And Innovative Programs And Facilities To Maximize Waste Prevention, Recycling And Economic Development Opportunities
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Quan, seconded by Vice Mayor Nadel, that this matter be Adopted. The motion carried by the following vote:
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
10.1 Subject: Declaration Of A Local Emergency Due To AIDS Epidemic From: Office Of The City Attorney Recommendation: Adopt A Resolution Renewing And Continuing The City Council's Declaration Of A Local Emergency Due To The Existence Of A Critical Public Health Crisis With Regard To The AIDS Epidemic
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.2 Subject: Medical Cannabis Health Emergency From: Office Of The City Attorney Recommendation: Adopt A Resolution Renewing The City Council's Declaration Of A Local Public Health Emergency With Respect To Safe, Affordable Access To Medical Cannabis In The City Of Oakland
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.3 Subject: Oakland City Center Project Amendment From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing The City To Enter Into A Twelfth Amendment To The Disposition And Development Agreement With Shorenstein Realty Investors Three, L.P., Regarding The City Center Project: (1) Extending The Option To Purchase Block T-12 By Eight Months Until December 31, 2007; (2) Revising Provisions Regarding When The Planned Unit Development And Grading Permits Are Required; (3) Deleting The Option To Develop A Residential Project On Block T-12; (4) Approving The Assignment By SRI, Three Of Its Rights And Obligations To Shorenstein Realty Investors Eight, LP; (5) Committing The Developer To Contribute Up To $100,000 To Fund An Effort To Attract Retail To Downtown Oakland; And (6) Committing The Developer To Explore The Feasibility Of Including Retail In Its Block T-12 And T-5/6 Commercial Developments And A World Trade Center Showcase Center Project On Block T-5/6
Ordinance
Action: Rescheduled
10.4 Subject: Cynthia Phillips - Settlement Agreement From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Cynthia Phillips, Et Al., V. City Of Oakland, Alameda County Superior Court Case No. RG04160529, In The Amount Of $40,000.00 (Public Works Agency)
City Resolution
Action: Adopted Passed

A motion was made that this matter be Adopted. The motion carried by the following vote:
10.5 Subject: Priority Project Funds - District Seven From: Councilmember Larry Reid Recommendation: Adopt A Resolution Authorizing An Immediate Grant Of $10,000 From Councilmember Larry E. Reid's Priority Project Funds To The Office Of Parks And Recreation To Assist With The Funding Of Radical Wheels Weekend Event On March 31, 2007
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.6 Subject: Priority Project Funds - District Seven From: Councilmember Larry Reid Recommendation: Adopt A Resolution Authorizing An Immediate Grant Of $15,000 From Councilmember Larry E. Reid's Priority Project Funds For Operating Expenses To Secret Place Ministries For Women And Children, A Non-Profit Organization That Provides, Housing, Counseling And Training
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.7 Subject: Travel Authorization - Councilmember Brunner From: Councilmember Jane Brunner Recommendation: Adopt A Resolution Authorizing Councilmember Jane Brunner To Travel To Santa Monica, California, To Attend The Milken Institute's Conference Workshop: "A Laboratory On The Next Steps In California's Policy On Global Warming," On Thursday, March 8, 2007, To Return The Same Day
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.8 Subject: Service-Enriched Permanent Housing From: Community and Economic Development Agency Recommendation: Adopt A Resolution Upholding The Appeal And Overturning The Decision Of The Planning Commission Thereby Denying The Establishment Of A Service-Enriched Permanent Housing Residential Activity For 8 Adults Within An Existing Structure Located At 2815 West Street
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.9 Subject: Melanie Fong - Recognition From: Office of The City Administrator Recommendation: Adopt A Resolution Commending Melaine Fong For Over Twenty Years Of Outstanding And Distinguished Service To The City Of Oakland
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.10 Subject: Assembly Bill 77 - Analysis From: Councilmember Nancy Nadel Recommendation: Adopt A Resolution In Support Of Assembly Bill 77 (Lieber) Requiring The Secretary Of California Department Of Corrections And Rehabilitation To Appoint A Working Group To Develop An Action Plan For Reforming The State's Parole System, And Providing State Funding For The Development Of Local Infrastructure That Provides Comprehensive Transition And Reentry Services For Parolees
Report and Recommendation
Action: Approved Passed

This Matter was Approved on the Consent Agenda.
10.11 Subject: Townsend Public Affairs - Contract Extension From: City Council Recommendation: Adopt A Resolution Waiving The Competitive Request For Proposal/Qualifications Process And Authorizing The City Administrator To Extend The Agreement With Townsend Public Affairs, Inc., The City's State Legislative Representative From April 5, 2006-January 5, 2007 To December 5, 2007, And To Increase The Contract By An Amount Not To Exceed One Hundred And Ten Thousand Dollars ($110,000.00) For The Additional Eleven Month Period For A Total Contract Amount Of Two Hundred Thousand Dollars ($200,000.00)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.12 Subject: Support Of Assembly Bill 21 From: Councilmember Nancy Nadel Recommendation: Adopt A Resolution In Support Of Assembly Bill 21 (Jones) Establishing State Earned Income Tax Credit (EITC)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.13 Subject: Seismic Retrofit Of Bridges From: Public Works Agency Recommendation: Adopt A Resolution Authorizing the Acceptance And Appropriation Of One Million Two Hundred Seventy-Seven Thousand Two Hundred Twenty-Nine Dollars ($1,277,229.00) In Federal Highway Funds For The Seismic Retrofit Of Several Bridges In Oakland
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.14 Subject: Rehabilitation Of Trestle Glen Stairs From: Public Works Agency Recommendation: Adopt A Resolution Authorizing Award Of A Contract To Bay Construction For The Rehabilitation Of Trestle Glen Stairs (Project No. C214810) For An Amount Not To Exceed Three Hundred Fifty-Three Thousand Nine Hundred Eighty Dollars ($353,980.00)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.15 Subject: 12th Street Reconstruction Project From: Public Works Agency Recommendation: Adopt A Resolution Authorizing The Rejection Of Single Bid On The 12th Street Reconstruction Project (C241610), And Formally Re-Bid With Return To Council For Award
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.16 Subject: Vacancy Report From: Finance And Management Agency Recommendation: Receive An Bi-Annual Informational Report On (1) The Current Number Of Authorized Vacancies Citywide, As Of January 10, 2007, Including (2) Analysis Of The Retirement And Attrition Projections And Impacts, (3) Status Of Negotiations Of Unions Regarding Amendments To The Civil Service Rules, (4) Data On Residency Of Sworn Personnel, And (5) Personnel Department's Best Practice Initiatives
Informational Report
Action: Received and Filed Passed

This Matter was Received and Filed on the Consent Agenda.
10.17 Subject: 2680 Beaconsfield Place - Purchase And Sale Agreement From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing The City Administrator To Negotiate And Execute A Purchase And Sale Agreement With Michael And Margaret Chu For The City's Purchase Of 2680 Beaconsfield Place (APN: 048D-7280-028) Consisting Of About 5,929 Square Feet Of Land Located In The Beaconsfield Canyon For The Fair Market Value Of Seventy Two Thousand Sixty Nine Dollars ($72,069) Plus Closing Costs Not To Exceed Five Thousand Dollars ($5,000) For The Measure DD Watershed Acquisition Project
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.18 Subject: Transfer Of Funds From: Office of the City Administrator Recommendation: Adopt A Resolution To Authorize The City Administrator To Transfer Eight Hundred Sixty-Three Thousand Three Hundred Sixty-One Dollars ($863,361) In Funds From The General Purpose Fund (1010) From An AT&T Settlement Agreement (P219410) To The Telecommunications Fund (1760) To Support, Extend And Enhance Ability Of KTOP-TV To Provide Legislative Coverage, Television Services And Upgrade And Maintenance Of The City Council Chambers And Hearing Rooms
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.20 Subject: OBRA Professional Services Agreements Acceptance And Amendments From: Community and Economic Development Agency Recommendation: Adopt An Agency Resolution Regarding Existing Oakland Base Reuse Authority (OBRA) Professional Services Agreements To: (1) Accept The Rights And Obligations Of OBRA In The Professional Services Agreement By And Between OBRA And Lamphier-Gregory In An Amount Not To Exceed Four Hundred Three Thousand Dollars ($403,000); (2) Approve And Execute An Amendment To The Professional Services Agreement By And Between OBRA And Lamphier-Gregory In An Amount Not To Exceed One Hundred Forty Thousand Dollars ($140,000) For A New Total Contract Amount Of Five Hundred, Forty Three Thousand Dollars ($543,000); And (3) Accept The Rights And Obligations Of OBRA In The Following Amendments To OBRA Professional Services Contracts, Which Amendments Have Been Approved By The OBRA Governing Body: A. An Amendment To The Professional Services Agreement By And Between OBRA And Erler & Kalinowski In An Amount Not To Exceed Four Hundred Thousand Dollars ($400,000) For A New Total Contract Amount Of One Million, Two Hundred Thousand Dollars ($1,200,000); B. An Amendment To The Professional Services Agreement By And Between OBRA And Geomatrix Consultants For An Amount Not To Exceed Three Hundred Thousand Dollars ($300,000) For A New Total Contract Amount Of Eight Hundred Thousand Dollars ($800,000); C. An Amendment To The Professional Services Agreement By And Between OBRA And Northgate Environmental Management For An Amount Not To Exceed Three Hundred Thousand Dollars ($300,000) For A New Total Contract Amount Of Eight Hundred Thousand Dollars ($800,000); D. An Amendment To The Professional Services Agreement By And Between OBRA And URS Corporation For An Amount Not To Exceed Four Hundred Thousand Dollars ($400,000) For A New Total Contract Amount Of Five Hundred Thousand Dollars ($500,000); And (4) Approve And Execute An Amendment To The Professional Service Agreement By And Between The Agency And Kimley-Horn & Associates In An Amount Not To Exceed Five Hundred Thousand Dollars ($500,000) For A New Total Contract Amount Of Two Million Dollars ($2,000,000)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.21 Subject: Opposition To CalWorks Cash Assistance Cuts From: Councilmember Nadel Recommendation: Adopt A Resolution Opposing The Governor's Proposed Cuts In The 2007-2008 State Budget Of $324.4 Million In CalWorks Cash Assistance Benefits To Low-Income Families
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
11 An oral report from the Agency Counsel / City Attorney of final decisions made during Closed Session

Action: Approve as Submitted Passed

A motion was made by Councilmember Quan, seconded by Councilmember Chang, to Approve as Submitted the report of 1 final decision made during closed session as indicated in attachment A of this item. The motion carried by the following vote:
12 A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the Sunshine Ordinance

Action: Approve as Submitted Passed

A motion was made by President of the Council Reid, seconded by Councilmember Chang, to Approve as Submitted the disclosure that there were no non-confidential closed session discussions during closed session. The motion carried by the following vote:
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER:
Reconsideration of Ordinances pursuant to Charter Section 216
14. Consideration of items with statutory Public Hearing Requirements:
14.1 Subject: Business Taxes - Public Hearing From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Business Taxes And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Business Taxes And Confirming The Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The County For Collection; Or
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brooks, seconded by Councilmember Chang, that this matter be Adopted. The motion carried by the following vote:
06-1145-1 2) A Resolution Overruling Protests And Accepting And Confirming Reports Of The City Administrator On The Delinquent Business Taxes And Confirming The Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The County Tax Collector For Collection; Or
City Resolution
Action: Not Adopted
06-1145-2 3) A Resolution Continuing Hearing On Reports Of The City Administrator On The Delinquent Business Taxes And The Confirming Of The Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code
City Resolution
Action: Not Adopted
14.2 Subject: Mandatory Garbage Fees - Public Hearing From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Delinquent Mandatory Garbage Fees For July/August/September 2006, Monthly Accounts And October/November/December 2006, Quarterly Accounts And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Garbage Service Fees And Confirming The Recordation Of Liens With Administrative Charges And Assessment Charges As Necessary - Pursuant To Chapter 8.28 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brooks, seconded by Councilmember Chang, that this matter be Adopted. The motion carried by the following vote:
06-1146-1 2) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland Delinquent Garbage Service Fees And Authorizing The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 8.28 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over to The County Tax Collector For Collection; Or
City Resolution
Action: Not Adopted
06-1146-2 3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent Garbage Service Fees And The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant Chapter 8.28 Of The Oakland Municipal Code
City Resolution
Action: Not Adopted
Passed The Consent Agenda

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